Legal Question in Employment Law in California

overtime pay

I work for a company in Orange County. I make over

$50,000.00 a year. But my employers require us ( me &

my Fellow employees) to work a minimum of 12 hours

a day. Today they informed us we have to work

Saturdays too. So this make between 60 & 72 hours a

week. If I am late they write me up even if I work 14

hours the day prior. When I tralvel over weekends for

show they do not compensate me for that or give me

addidtional time off because I worked Sunday. Is this

legal?


Asked on 7/30/02, 6:43 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: overtime pay

Your rights depend on what your job is. Certain jobs are exempt from overtime and other labor laws and for these positions, the salary is the same regardless of the number of hours you work. Generally, these jobs are managerial, professional or administrative.

If your job is not regarded as exempt, your employer may be violating a number of rights that you have. Bear in mind that your status is determined by what you actually do at work, not what your employer designates as your status. You should have your situation reviewed by a labor law attorney to help you determine your rights. If you are owed overtime pay, you may be able to go back as far as 3 years in time to demand payment of wages.

My office is in Santa Ana. Feel free to call me at 714-973-8090, if you wish.

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Answered on 8/01/02, 4:47 pm
Terry A. Nelson Nelson & Lawless

Re: overtime pay

Unless you are properly classified and worked as a manager or supervisor, you and the others probably are entitled to make a claim for unpaid overtime, plus interest and penalties. Call me if interested in doing so. 714-960-7584

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Answered on 8/01/02, 9:26 pm


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